JOURN 4000 1st Edition Lecture 20 Outline of Last Lecture I Libel Outline of Current Lecture I Libel Current Lecture Rosenbloom Matter of public interest actual malice standard Private person in public controversy prove actual malice Elmer Gertz 1974 Last case in libel revolution Nationwide conspiracy about cops cops support a Communist takeover Robert Welch Inc said Gertz was the architect of the frame up Judgment nov judgment judge will render in spit of jury s ruling overrule the jury Public figures according to the Supreme Court 1 Pervasive fame notoriety household name a All purpose public figure 2 Voluntarily inject themselves into public controversy to try to influence the outcome a Limited public figure Public figures have greater access to the media Involuntary public figures are rare Gertz bottom line states can decide for themselves the standards for private individuals of liability These notes represent a detailed interpretation of the professor s lecture GradeBuddy is best used as a supplement to your own notes not as a substitute Cannot impose liability without fault 1 Negligence private individual this is enough to win a libel suit 2 Gross irresponsibility NY 3 Actual malice In MO jury has to find fault but does not define fault standard of liability is fault but negligence will probably be enough because fault is not defined Punitive damages actual malice is the requirement across the board 1976 SC has a problem Treat private individual more tenderly Who s a private individual Time Inc vs Firestone Time reported that Mrs Firestone s husband got a divorce based on adultery She is not a public figure Had not assumed any role in the affairs of society Famous in Palm Beach Not pervasive enough Hutchinson vs Proxmire Proxmire was a senator gave out a Golden Fleece award Hutchinson was doing federally funded research on monkeys won award Hutchinson was not a public figure
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